[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Rules and Regulations]
[Pages 49770-49772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23965]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL103-1-6696a; FRL-5283-8]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: On November 30, 1994, the State of Illinois submitted a State
Implementation Plan (SIP) revision request to the United States
Environmental Protection Agency (USEPA) for Synthetic Organic Chemical
Manufacturing Industry (SOCMI) air oxidation processes as part of the
State's 15 percent (%) Reasonable Further Progress (RFP) Plan control
measures for Volatile Organic Matter (VOM) emissions. USEPA made a
finding of completeness in a letter dated January 27, 1995. A final
approval action is being taken because the submittal meets all
pertinent Federal requirements. The SIP revision tightens the source
applicability standard for air oxidation processes beyond the existing
standard contained in subpart V of 35 Illinois Administrative Code
Parts 218 and 219, thereby extending the applicability of Reasonably
Available Control Technology (RACT) to additional sources. The revision
also adds requirements to sources already covered under the existing
SOCMI air oxidation process regulations, as well as new sources of this
source category. The USEPA is publishing this action without prior
proposal because USEPA views this action as a noncontroversial revision
and anticipates no adverse comments. However, USEPA is publishing a
separate document in this Federal Register publication, which
constitutes a ``proposed approval'' of the requested SIP revision and
clarifies that the rulemaking will not be deemed final if timely
adverse or critical comments are filed. If USEPA receives comments
adverse to or critical of the approval, USEPA will withdraw this
approval before its effective date by publishing a subsequent Federal
Register document which withdraws this final action. All public
comments received will then be addressed in a subsequent rulemaking
document. Please be aware that USEPA will institute another comment
period on this action only if warranted by significant revisions to the
rulemaking based on any comments received in response to today's
action. Any parties interested in commenting on this action should do
so at this time.
DATES: The ``direct final'' approval shall be effective on November 27,
1995, unless USEPA receives adverse or critical comments by October 27,
1995. If no such comments are received, USEPA hereby advises the public
that this action will be effective on November 27, 1995.
ADDRESSES: Copies of the revision request and USEPA's analysis
(Technical Support Document) are available for inspection at the
following address: U.S. Environmental Protection Agency, Region 5, Air
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois
60604. (It is recommended that you telephone Mark J. Palermo at (312)
886-6082 before visiting the Region 5 Office.)
Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Regulation Development Branch (AR-18J),
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(1) of the Clean Air Act requires all moderate and
above ozone nonattainment areas to achieve a 15 percent reduction of
1990 emissions of VOM by 1996 (VOM, as defined by the State of
Illinois, is identical to ``volatile organic compounds,'' as defined by
the USEPA). In Illinois, the Chicago area is classified as ``severe''
nonattainment for ozone, while the Metro-East area is classified as
``moderate'' nonattainment. As such, these areas are subject to the 15
percent RFP requirement.
On June 14, 1994, the Illinois Environmental Protection Agency
(IEPA) filed the proposed amendments to the SOCMI air oxidation
processes rule with the Illinois Pollution Control Board (Board). A
public hearing on the rule was held on August 4, 1994, in Chicago,
Illinois, and on October 20, 1994, the Board adopted a Final Opinion
and Order for the proposed amendments. The amended rule became
effective on November 15, 1994, and it was published in the Illinois
State register on November 28, 1994.
The IEPA formally submitted the amended air oxidation rule to USEPA
on November 30, 1994, as a revision to the Illinois SIP for ozone. In
doing so, IEPA believes that the air oxidation rule's extended
applicability and tightened control measures will help reduce VOM
emissions enough to meet the 15% RFP requirements.
II. Analysis of State Submittal
The November 30, 1994, amendments to Illinois' SOCMI air oxidation
process rule extended to additional sources applicability of the rule's
Reasonably Available Control Technology (RACT) requirements, which
include the use of a combustion device to control VOM emissions with an
efficiency of at least 98% or emit VOM at a concentration less than
twenty parts per million by volume, dry basis. To determine whether the
requirements apply to a particular source, USEPA's Control Technique
Guideline (CTG) for SOCMI air oxidation processes requires the use of a
Total Resource Effectiveness (TRE) index, which takes into account all
resources which are expected to be used in VOM emission control. Prior
to the amendments, the Illinois rule followed the CTG's determination
of source applicability to RACT by requiring that all SOCMI air
oxidation processes in the Chicago and Metro-East ozone nonattainment
areas with a TRE value of 1.0 or less be required to meet RACT for this
source category. With these amendments, the Illinois rule's RACT
applicability is extended to SOCMI air oxidation processes in the
Chicago and Metro-East ozone nonattainment areas with a TRE value of
6.0 or less.
Sources with a TRE value greater than 1.0 and less than or equal to
6.0, which were in operation before October, 25, 1994, must come into
compliance with the rule's control measures by December 31, 1999. Other
such sources with a TRE of 6.0 or less which come into operation after
October 25, 1994, must meet RACT requirements upon start-up of the
emission unit. Sources with a TRE level of 1.0 or less are already
required to be in full compliance.
In addition, the SOCMI air oxidation processes rule has been
amended to state that the TRE level will be based upon the source's
individual process vent streams, or the combination thereof, whichever
is more stringent. Also included in the amended rule is the requirement
that air oxidation process vent streams currently controlled by
combustion devices must continue to be controlled by such devices in
compliance with the Illinois rule requirements. Further, once
applicability has been triggered, operational changes to a source which
causes the TRE index value to increase
[[Page 49771]]
beyond the 6.0 value do not preclude RACT requirements for that source.
Finally, the current adopted federally-approved Illinois air
oxidation RACT rule allowed that pre-existing combustion devices were
not required to meet the 98% control efficiency requirement until
replacement, as recommended by the SOCMI air oxidation CTG. The amended
rule eliminates that exemption by requiring that all pre-existing
combustion devices meet the 98% control requirement by December 31,
1999. Moreover, an additional requirement is added for sources which
operate pre-existing combustion devices for phthalic anhydride air
oxidation processes, which provides that such devices must meet a 90%
control efficiency or emit a VOM concentration of less than 50 parts
per million by volume, dry basis.
III. Final Rulemaking Action
The USEPA has undertaken its analysis of the SIP revision request
based on a review of the materials presented by IEPA, the SOCMI air
oxidation CTG, and USEPA's model VOC rules, and has determined that
this SIP revision request is approvable.
This amended rule, applicable to the Chicago and Metro-East St.
Louis ozone nonattainment areas, amends 35 Ill. Adm. Code sections 218/
219.520 (renumbered from 218/219.525) and 218/219.Appendix C, and adds
Sections 218/219.522, 218/219.523, and 218/219.524.
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision and anticipates
no adverse comments. However, USEPA is publishing a separate document
in this Federal Register publication, which constitutes a ``proposed
approval'' of the requested SIP revision and clarifies that the
rulemaking will not be deemed final if timely adverse or critical
comments are filed. The ``direct final'' approval shall be effective on
November 27, 1995 unless USEPA receives adverse or critical comments by
October 27, 1995. If USEPA receives comments adverse to or critical of
the approval discussed above, USEPA will withdraw this approval before
its effective date by publishing a subsequent Federal Register document
which withdraws this final action. All public comments received will
then be addressed in a subsequent rulemaking document. Please be aware
that USEPA will institute another comment period on this action only if
warranted by significant revisions to the rulemaking based on any
comments received in response to today's action. Any parties interested
in commenting on this action should do so at this time. If no such
comments are received, USEPA hereby advises the public that this action
will be effective on November 27, 1995.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. USEPA shall consider each request for revision to the SIP in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') (signed into law on March 22, 1995) requires that the
USEPA prepare a budgetary impact statement before promulgating a rule
that includes a Federal mandate that may result in expenditure by
State, local, and tribal governments, in aggregate, or by the private
sector, of $100 million or more in any one year. Section 203 requires
the USEPA to establish a plan for obtaining input from and informing,
educating, and advising any small governments that may be significantly
or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the USEPA must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The USEPA must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the USEPA explains why this
alternative is not selected or the selection of this alternative is
inconsistent with law.
Because this final rule is estimated to result in the expenditure
by State, local, and tribal governments or the private sector of less
then $100 million in any one year, the USEPA has not prepared a
budgetary impact statement or specifically addressed the selection of
the least costly, most cost-effective, or least burdensome alternative.
Because small governments will not be significantly or uniquely
affected by this rule, the USEPA is not required to develop a plan with
regard to small governments. This rule only approves the incorporation
of existing state rules into the SIP. It imposes no additional
requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.)
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the Act, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of the
State action. The Clean Air Act forbids USEPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. USEPA, 427 U.S.
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 27, 1995. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See Section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference.
Dated: August 9, 1995.
Valdas V. Adamkus,
Regional Administrator.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended as follows:
[[Page 49772]]
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart O--Illinois
2. Section 52.720 is amended by adding paragraph (c)(114) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(114) On November 30, 1994, the State submitted an amended
Synthetic Organic Chemical Manufacturing Industry Air Oxidation Process
rule which consisted of extended applicability and tightened control
measures to the Ozone Control Plan for the Chicago and Metro-East St.
Louis areas.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart V; Air Oxidation Processes, Sections
218.520 Emission Limitations for Air Oxidation Processes, 218.522
Savings Clause, 218.523 Compliance, 218.524 Determination of
Applicability, and 218.525 Emission Limitations for Air Oxidation
Processes (Renumbered) at 18 Ill. Reg. 16972, effective November 15,
1994.
(B) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart V; Air Oxidation Processes, Sections
219.520 Emission Limitations for Air Oxidation Processes, 219.522
Savings Clause, 219.523 Compliance, 219.524 Determination of
Applicability, and 219.525 Emission Limitations for Air Oxidation
Processes (Renumbered) at 18 Ill. Reg. 17001, effective November 15,
1994.
[FR Doc. 95-23965 Filed 9-26-95; 8:45 am]
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